Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Equatorial Guinea (Ratification: 2001)

The Committee notes the Government’s first report. It notes with interest the adoption of Act No. 1/2004 of 14 September 2004 on the illicit trafficking of migrants and the trafficking of persons [Act No. 1/2004 of 14 September 2004].

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that, by virtue of section 1 of Act No. 1/2004 of 14 September 2004 on the illicit trafficking of migrants and the trafficking of persons, the expression “trafficking of persons” means the procuring, transport, transfer, accommodation or receipt of persons, under the threat of or by means of force or other forms of constraint, through abduction, fraud, deceit, abuse of authority or of a situation of vulnerability, or the offering or acceptance of payments or benefits to obtain the consent of a person with authority over another for the purposes of exploitation. Exploitation includes, as a minimum, all forms of sexual exploitation, pornography, debt bondage, forced marriage, forced labour or services, slavery or practices similar to slavery, or the removal of organs. The Committee also notes that section 3 of Act No. 1/2004 of 14 September 2004 establishes penalties against any person found guilty of the trafficking of persons, and that section 10(e) of the Act provides that committing the offence of the trafficking of persons against minors under 18 years of age constitutes an aggravating circumstance giving rise to more severe penalties.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 3(3) of Act No. 2/1990 of 4 January 1990 respecting labour (the Labour Act) prohibits forced labour and provides that no person may be compelled to work.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that Equatorial Guinea has ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. However, it notes that the Government has not provided information on this provision of the Convention and that the national legislation does not appear to prohibit this worst form of child labour. Indeed, in its concluding observations on the Government’s initial report in November 2004 (CRC/C/15/Add.245, paragraph 58), the Committee on the Rights of the Child indicated that it was concerned at the growing number of child prostitutes in the streets of the capital, Malabo. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances is one of the worst forms of child labour and that, in accordance with Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of these worst forms of child labour. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, so as to bring the national legislation into conformity with the Convention. Furthermore, the Committee requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government’s report does not contain any information on this provision of the Convention. The Committee reminds the Government that, under the terms of Article 1 of the Convention, it is under the obligation to take the necessary immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore requests the Government to indicate the measures adopted or envisaged to prohibit, in accordance with Article 3(c) of the Convention, the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. Furthermore, the Committee requests the Government to establish penalties for this purpose.

Clause (d). Hazardous work. The Committee notes that section 11(4) of the Labour Act provides that the minimum age for admission to work which, by its nature or the circumstances in which it is carried out, may be hazardous for the health, safety or morals of young persons is 16 years. In all cases, the occupational organizations of workers, where they exist, shall be consulted beforehand and the labour authorities shall ensure that sufficient precautions are adopted for the protection of young persons and that before commencing their work they receive adequate specific instructions in the relevant branch of activity. Furthermore, section 11(4) provides that the labour authorities may raise to 18 years the minimum age for admission to certain types of work, on condition that the principle of equality of opportunity in work is not undermined. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, the necessary immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of labour by young persons under 18 years of age as a matter of urgency. The Committed requests the Government to take the necessary measures to prohibit hazardous work for all young persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government that hazardous types of work have not been explicitly determined. It reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, hazardous types of work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the Government will determine the list of hazardous types of work prohibited for young persons under 18 years of age in the near future, after consultation with the organizations of employers and workers, and that it will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. 1. Combating the illicit trafficking of migrants, the trafficking of persons and the exploitation of children. The Committee notes that, under section 18 of Act No. 1/2004 of 14 September 2004, the Ministry of the Interior and of Local Assemblies, National Security, Social Affairs and the Condition of Women, the Ministry of Foreign Affairs, International Cooperation and the French-speaking Community, and the Attorney-General of the Republic are the entities which, through bodies specialized in combating the trafficking of persons and migrants, secure the application of the Act on the illicit trafficking of migrants and the trafficking of persons and are empowered to establish adequate standards for its proper enforcement. It also notes that, by virtue of section 19 of Act No. 1/2004 of 14 September 2004, the Inter-institutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children will be established on a permanent basis under the Ministry of Justice, Religion and Prisons. This Committee will be an advisory body to the Government responsible for coordinating the action undertaken by the authorities to combat the trafficking, exploitation and sexual abuse of women, girls and boys. The Committee requests the Government to provide information on the activities of the various bodies referred to above, including the Inter-institutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children, as well as their powers and the means available to combat the worst forms of child labour.

2. Other mechanisms. Noting the absence of information, the Committee requests the Government to provide indications on labour inspection and to supply copies of all reports or other documents demonstrating the activities and effectiveness of this mechanism for the monitoring of the worst forms of child labour referred to in Articles 3(a) to (d) of the Convention. The Committee also requests the Government to provide the text of Act No. 14 of 12 November 1984 on labour inspection.

Article 6. Programmes of action. The Committee notes the Government’s indication that measures are being taken to obtain information on the incidence of child labour and the trafficking of persons, including awareness-raising workshops on these two subjects, the training of personnel to compile information on the extent of these phenomena and the processing of such information. The Committee hopes that, as a result of the measures adopted to obtain information on the incidence of child labour and the trafficking of persons, the Government will be in a position to design and implement programmes of action to eliminate as a priority the worst forms of child labour. It requests the Government to provide information on any new developments in this respect.

Article 7, paragraph 1. Penalties. The Committee notes that sections 3 and 10(e) of Act No. 1/2004 of 14 September 2004 establish penalties for the crime of the trafficking of persons. It also notes that, under the terms of section 14(3), the fines imposed under the Act may be used, among other purposes, to compensate the victims of trafficking. The Committee requests the Government to provide information on the application in practice of Act No. 1/2004 of 14 September 2004.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that section 14 of Act No. 1/2004 of 14 September 2004 provides that the institutions concerned shall formulate policies, plans and programmes to prevent and assist the victims of trafficking and to protect particularly vulnerable categories, including children and young persons, against further risk. The Committee requests the Government to provide information on the impact of these measures in terms of preventing children from being the victims of trafficking and sale for economic and sexual exploitation.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that section 13 of Act No. 1/2004 of 14 September 2004 provides for the establishment of medical, psychological and social assistance for child victims of trafficking. The Committee requests the Government to provide information on the impact of this provision in terms of the rehabilitation and social integration of children following their removal from work.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, in its concluding observations on the initial report of Equatorial Guinea submitted to the Committee on the Rights of the Child in September 2003 (CRC/C/15/Add.245, paragraphs 50 and 51), the Committee on the Rights of the Child welcomed the efforts undertaken by the Government to address the spread of HIV/AIDS, for example the National Programme to combat HIV/AIDS, which provides for free and universal antiretroviral medication. However, the Committee on the Rights of the Child remained very concerned at the increasing prevalence of HIV/AIDS amongst adults (mainly women) and youth and at the increasing number of children orphaned by HIV/AIDS. The Committee on the Rights of the Child expressed concern at the lack of alternative care for these children and, among other measures, recommended the Government to increase its efforts to prevent the spread of HIV/AIDS, taking into account in particular children infected or orphaned by HIV/AIDS by providing them, with the participation of the community, with appropriate psychological and material support; to strengthen and establish campaigns and programmes to raise awareness about HIV/AIDS among adolescents, particularly among those belonging to vulnerable groups, as well as among the population at large, so as to reduce discrimination against children infected and affected by HIV/AIDS. The Committee observes that HIV/AIDS has an impact on orphans, who are at increased risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures taken to protect children who are HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in September 2003 (CRC/C/11/Add.26, paragraph 235), the Government indicates that over the last ten years, especially since the start of the exploitation of hydrocarbons, the country has witnessed a massive influx of foreigners. A parallel development has been the presence in the street of many children of foreign nationality working as vendors. In its concluding observations on the initial report of Equatorial Guinea in November 2004 (CRC/C/15/Add.245, paragraphs 56 and 57), the Committee on the Rights of the Child expressed concern at the significant number of children, especially girls, working on the street. Among other measures, it recommended the Government to undertake awareness-raising campaigns to prevent and combat the economic exploitation of children and to strengthen cooperation with countries from which cross-border child labour originates in order to combat the economic exploitation of these children. The Committee requests the Government to take the necessary measures to protect street children against the worst forms of child labour.

Clause (e). Special situation of girls. Domestic work. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in September 2003 (CRC/C/11/Add.26, paragraph 234), the Government indicates that domestic work remains a reality, especially for girls. The Committee requests the Government to provide information on the measures that it plans to adopt to take account of the special situation of girls working in domestic service so as to protect them against the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Equatorial Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that section 16 of Act No. 1/2004 of 14 September 2004 establishes that recourse to international cooperation is possible for the development of policies and other programmes to prevent and combat the trafficking of persons. The Committee requests the Government to provide information on international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in September 2003 (CRC/C/11/Add.26, paragraph 230), the Government indicates that there are obviously large numbers of children under the age of 12 engaged in various activities throughout the country. They work in bars and restaurants, as street vendors, in transport, on market stalls, in workshops and in agriculture. It also notes that, according to the information available to the Office, 27 per cent of children between the ages of 5 and 14 years are engaged in work. The Committee notes that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Equatorial Guinea. In view of the measures adopted to obtain information, particularly on the incidence of child labour and the trafficking of persons, it hopes that the Government will be in a position to provide in its next report statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, the surveys undertaken, the legal action taken, the convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by gender.